Acceptance of Terms of Use
By accessing and using this Web site you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use this Web site. MenusOnly.com owns and operates this Web Site, located at http://www.MenusOnlySellOff.com (the Web Site). This Terms of Use Agreement (this Agreement) states the terms and conditions under which you may access and use the Site.
Modified Terms
MenusOnly.com reserves the right to make changes to the Terms of Conditions and/or our Privacy Policy as we deem necessary or desirable without prior notification to Users. Such changes may include, among other things, the adding of certain fees or charges. We therefore suggest that all Users re-read the Terms of Conditions and Privacy Policy from time to time to be aware of any such changes. Any use of the Web Site by End User after such notice shall be deemed to constitute acceptance by End User of such modifications. Changes to the Terms of Conditions are effective immediately upon being posted to this Web Site, whether on this Terms of Conditions page or elsewhere on the Web Site.
DISCLAIMER OF WARRANTIES
THE WEB SITE AND ALL CONTENT IS PROVIDED AS IS. BY ACCESSING AND USING THE WEB SITE YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEB SITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. MENUSONLY.COM MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE WEB SITE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY (I) THAT THE WEB SITE AND/OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY; (II) THAT ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, PRODUCT OR SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH THE WEB SITE WILL BE OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE; III) THAT THE OPERATION OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; (IV) THAT COMMUNICATIONS TO OR FROM THE WEB SITE WILL BE SECURE OR NOT INTERCEPTED.
MenusOnly.com is not responsible for typographical errors or omissions relating to pricing, text or photography. Menusonly.com cannot and does not represent or warrant that the Site or its server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from your computer on a regular basis.
Limitation of Liability
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL MENUSONLY.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF MENUSONLY.COM KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
In no event shall the aggregate liability of MENUSONLY.COM, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, arising out of or relating to the use of the Web Site exceed any compensation you pay, if any, to MenusOnly.com for access to or use of the Site.
YOU HEREBY RELEASE MENUSONLY.COM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM, ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEB SITE OR BY THIRD PARTIES THROUGH THE WEB SITE.
No Advice
The information contained on the Web site is for informational purposes only, and you should not rely upon the information to provide any advice.
Indemnification
You agree to indemnify, defend and hold harmless MenusOnly.com, its affiliates and suppliers from any liability, loss, claim and expense (including attorneys' fees) related to any products or services purchased by you in connection with the Web Site.
Online Commerce
The Web site allows you to purchase restaurant, catering, or other hospitality gift certificates online. When ordering gift certificates on the Web site, you must provide complete and accurate personal information consisting of your name, address, telephone number, e-mail address, credit card information and shipping address, as well as any other information requested. Your receipt of an electronic form or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Your submission of an order to us shall be deemed to constitute an offer to purchase, which shall remain open for a reasonable time, unless we agree otherwise, and will be deemed to be accepted by us only upon delivery gift certificate(s). MenusOnly.com, in its sole discretion, reserves the right at any time after receipt of your order, to accept or decline your order for any reason.
You acknowledge and agree that the price of the gift certificates are subject to change without notice and that the gift certificates are subject to availability. The sale of the gift certificates is void where prohibited by law. In the event that the gift certificates are listed at an incorrect price, due to a typographical error or an error in pricing information, MenusOnly.com, in its sole discretion, shall have the right at any time after receipt of your order, to decline your order.
The Web site allows you to purchase gift certificates that are provided by third parties (the Third-Party Products). MenusOnly.com is not responsible for the legality, quality, accuracy, timeliness, reliability or any other aspect of any Third-Party Products. If you make a purchase from a third-party web site linked from the Web site, the information obtained during your visit to any third-party web site and the information that you give, such as your credit card number and contact information, is collected by the third-party web site and not by MenusOnly.com. You release MenusOnly.com and its officers, directors, employees, agents and their respective successors and assigns from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of the gift certificates or Third-Party Products made available on the Web site or by third-party web sites through the Web site.
Changes to Site
MenusOnly.com, its suppliers and partners may make improvements or changes in the information, services, products, and other materials on this site, or terminate this site, at any time without notice. MenusOnly.com may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. Accordingly, you agree to review the agreement periodically, and your continued access or use of this site shall be deemed your acceptance of the modified agreement.
Privacy Policy
Please refer to the MenusOnlySellOff.com Privacy Policy (the "Privacy Policy") for information on how MenusOnly.com collects, uses and discloses personally identifiable information from its users.
Ownership and Copyright
Except as otherwise indicated, the Web Site, and all text, images, marks, logos and other content contained herein, including, without limitation, the MenusOnlySellOff logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the "Site Content") are the proprietary property of MenusOnly.com or its licensors and are protected by Canadian and international copyright laws. All rights to the Site Content are expressly reserved.
Links to this Web Site
You are granted a limited, non-exclusive right to create a text hyperlink to the Web Site for non-commercial purposes, provided such link does not portray MenusOnly.com, MenusOnlySellOff.com or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a MenusOnly.com or MenusOnlySellOff.com logo to link to the Web Site without the express written permission of MenusOnly.com.
Links from this Web Site
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
TERMS OF SALE
When you place and order to buy something on the Web Site you are making an offer to purchase the gift certificate(s) that you have selected on the following terms.
- All gift certificates printed from the Web Site or received via mail are subject to the Terms of Sale of MenusOnlySellOff.com and the participating merchant(s).
- MenusOnly.com is not responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by a participating merchant.
- MenusOnly.com is not liable for any unclaimed property liability arising from unredeemed gift certificates.
- Refunds: MenusOnly.com handles refunds on a case by case basis. All sales are final and refunds are not permitted, however, you may contact us to possibly exchange your gift certificate with a different one of the same value. If you have a question about a refund, please email us at administrator@menusonly.com.
